Case Details

Year Initiated/Committed

1988

Year Resolved

1995

Settlement Amount

$36 million ($9 million costs)

Court

U.S. District Court for the Northern District of California

Docket Number

No C 88-1688

Lead State

CA, MD, NY

Participating States

AK, AL, AZ, CA, CO, CT, FL, LA, MA, MD, MI, MN, MT, NJ, NY, OH, PA, WA, WI

Defendant(s)

Hartford Fire Insurance Company; Aetna Casualty and Surety Company; Allstate Insurance Company; General Reinsurance Corporation; Insurance Services Office, Inc.; CIGNA Corporation; Insurance Company of North America; Constitution Reinsurance Corporation; Mercantile & General Reinsurance Company of America;
North American Reinsurance Corporation; Prudential Reinsurance Company; Reinsurance Association of America; Winterthur Swiss Insurance Company; Alexander Reinsurance Intermediaries, Inc.; CNA Re Ltd.; Excess Insurance Company Limited, London; Edinburgh Insurance Group, Ltd.; Kemper Reinsurance London Ltd.; Unionamerica Insurance Company, Ltd.; Continental Reinsurance Corporation Limited; Merrett Underwriting Agency Management Limited; Three Quays Underwriting Management Limited; Janson Green Management Limited; C.J.W. Limited; Lambert Brothers Limited; Murray Lawrence & Partners; D.P. Mann Underwriting Agency Limited; Robin A.G. Jackson; Peter N. Miller; Oxford Syndicate Management Limited; Edwards & Payne Limited; Ballantyne McKean & Sullivan Limited; R.K. Carvill & Co., Ltd.; Terra Nova Insurance Co., Ltd

Case Description

Plaintiff States sought damages and injunctive relief, alleging that 32 foreign and domestic insurers, reinsurers, brokers and trade organizations conspired to eliminate ‘long-tail’ risk coverage from Commercial General Liability and Property Insurance by manipulating the Insurance Service Office standardized form development process, and by defendant companies boycotting other insurers to reduce the availability of commercial general liability insurance to public entities. The parties agreed to settlement terms. The defendant insurers agreed to a 5 year injunction and a settlement sum of $36 million. Of the settlement, $21 million was used to create the Public Entity Risk Institute, a nonprofit organization dedicated to providing training, education, and technical services to public entity risk pools, self-insureds, policyholders and small business groups. Another $5.2 million was used to fund a public entity risk database, providing information for better risk management decisions. The majority of the remaining award was used to pay litigation costs and attorneys fees.